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EU Dismisses Nord Stream 2 Challenge Against Gas Pipelines Rules
The EU’s General Court on Wednesday dismissed a case brought by Gazprom-led Nord Stream 2, the company behind the gas pipeline that was never put into operation, challenging the EU’s unbundling rules on gas transmission pipelines.
These rules include extending the rules of the EU’s internal gas market to apply to natural gas pipelines to and from third countries, which would have included Nord Stream 2. The main elements of the gas market rules in the EU include ownership unbundling, giving access to third parties, non-discriminatory tariffs, and transparency requirements.
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Nord Stream 2 challenged in 2019 these rules before the General Court of the European Union, which dismissed that action as inadmissible by an order in May 2020. Nord Stream 2 AG then brought an appeal before the Court of Justice against the order of the General Court. The Court of Justice referred the case to the General Court for re-examination.
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Now the General Court dismisses the action from Nord Stream 2, in a largely symbolic defeat for the pipeline.
“Nord Stream 2 AG could foresee that the EU institutions and a number of Member States, which had long since adopted positions to that effect, would use their power in order to extend the internal market rules to cover gas pipelines from third countries, such as the Nord Stream 2 pipeline,” the General Court said in today’s decision.
Nord Stream 2 was never put into operation after Germany axed the certification process following the Russian invasion of Ukraine in early 2022.
The defunct natural gas pipeline has grabbed some headlines in recent days after the Wall Street Journal reported last week that U.S. businessman Stephen P. Lynch, who has lived in Russia for two decades and has done business there, has sought a U.S. license to try to buy Nord Stream 2.
It is unlikely that the Nord Stream 2 shareholder, Russian gas giant Gazprom, would agree to hand over ownership of the pipeline to a U.S. investor, Kremlin spokesman Dmitry Peskov said on Tuesday, commenting on the Journal’s report.
By Tsvetana Paraskova for Oilprice.com
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